State Codes and Statutes

Statutes > Missouri > T12 > C210 > 210_826

Determination of father and child relationship, who may bring action,when action may be brought.

210.826. 1. A child, his natural mother, a man presumed to be hisfather under subsection 1 of section 210.822, a man alleging himself to bea father, any person having physical or legal custody of a child for aperiod of more than sixty days or the family support division may bring anaction at any time for the purpose of declaring the existence ornonexistence of the father and child relationship presumed under subsection1 of section 210.822.

2. An action to determine the existence of the father and childrelationship with respect to a child who has no presumed father undersection 210.822 may be brought by the child, the mother or the person whohas legal custody of the child, any person having physical or legal custodyof a child for a period of more than sixty days, the family supportdivision, the personal representative or a parent of the mother if themother has died, a man alleging himself to be the father, or the personalrepresentative or a parent of the alleged father if the alleged father hasdied or is a minor.

3. Regardless of its terms, an agreement, other than an agreementapproved by the court in accordance with subsection 2 of section 210.838,between an alleged or presumed father and the mother or child, does not baran action under this section.

4. If an action under this section is brought before the birth of thechild, all proceedings shall be stayed until after the birth, exceptservice of process and the taking of depositions to perpetuate testimony.

5. In an action to determine the existence of the father and childrelationship under this section, a notification form, as specified in thissubsection, shall be attached to the delivery of the petition throughservice of process. The notification form shall prominently state inboldface type as follows: "Important Notice. If you do not respond tothis action, a judgment of paternity may be entered against you and you maybe ordered to pay child support, medical support, or reimburse someone forsupport previously provided for the child. You have the right to contestthat you are the father of the named child and you have the right torequest genetic testing to prove whether or not you are the father.".

(L. 1987 S.B. 328 § 6, A.L. 1993 S.B. 253, A.L. 1998 S.B. 910, A.L. 2009 S.B. 141)

State Codes and Statutes

Statutes > Missouri > T12 > C210 > 210_826

Determination of father and child relationship, who may bring action,when action may be brought.

210.826. 1. A child, his natural mother, a man presumed to be hisfather under subsection 1 of section 210.822, a man alleging himself to bea father, any person having physical or legal custody of a child for aperiod of more than sixty days or the family support division may bring anaction at any time for the purpose of declaring the existence ornonexistence of the father and child relationship presumed under subsection1 of section 210.822.

2. An action to determine the existence of the father and childrelationship with respect to a child who has no presumed father undersection 210.822 may be brought by the child, the mother or the person whohas legal custody of the child, any person having physical or legal custodyof a child for a period of more than sixty days, the family supportdivision, the personal representative or a parent of the mother if themother has died, a man alleging himself to be the father, or the personalrepresentative or a parent of the alleged father if the alleged father hasdied or is a minor.

3. Regardless of its terms, an agreement, other than an agreementapproved by the court in accordance with subsection 2 of section 210.838,between an alleged or presumed father and the mother or child, does not baran action under this section.

4. If an action under this section is brought before the birth of thechild, all proceedings shall be stayed until after the birth, exceptservice of process and the taking of depositions to perpetuate testimony.

5. In an action to determine the existence of the father and childrelationship under this section, a notification form, as specified in thissubsection, shall be attached to the delivery of the petition throughservice of process. The notification form shall prominently state inboldface type as follows: "Important Notice. If you do not respond tothis action, a judgment of paternity may be entered against you and you maybe ordered to pay child support, medical support, or reimburse someone forsupport previously provided for the child. You have the right to contestthat you are the father of the named child and you have the right torequest genetic testing to prove whether or not you are the father.".

(L. 1987 S.B. 328 § 6, A.L. 1993 S.B. 253, A.L. 1998 S.B. 910, A.L. 2009 S.B. 141)


State Codes and Statutes

State Codes and Statutes

Statutes > Missouri > T12 > C210 > 210_826

Determination of father and child relationship, who may bring action,when action may be brought.

210.826. 1. A child, his natural mother, a man presumed to be hisfather under subsection 1 of section 210.822, a man alleging himself to bea father, any person having physical or legal custody of a child for aperiod of more than sixty days or the family support division may bring anaction at any time for the purpose of declaring the existence ornonexistence of the father and child relationship presumed under subsection1 of section 210.822.

2. An action to determine the existence of the father and childrelationship with respect to a child who has no presumed father undersection 210.822 may be brought by the child, the mother or the person whohas legal custody of the child, any person having physical or legal custodyof a child for a period of more than sixty days, the family supportdivision, the personal representative or a parent of the mother if themother has died, a man alleging himself to be the father, or the personalrepresentative or a parent of the alleged father if the alleged father hasdied or is a minor.

3. Regardless of its terms, an agreement, other than an agreementapproved by the court in accordance with subsection 2 of section 210.838,between an alleged or presumed father and the mother or child, does not baran action under this section.

4. If an action under this section is brought before the birth of thechild, all proceedings shall be stayed until after the birth, exceptservice of process and the taking of depositions to perpetuate testimony.

5. In an action to determine the existence of the father and childrelationship under this section, a notification form, as specified in thissubsection, shall be attached to the delivery of the petition throughservice of process. The notification form shall prominently state inboldface type as follows: "Important Notice. If you do not respond tothis action, a judgment of paternity may be entered against you and you maybe ordered to pay child support, medical support, or reimburse someone forsupport previously provided for the child. You have the right to contestthat you are the father of the named child and you have the right torequest genetic testing to prove whether or not you are the father.".

(L. 1987 S.B. 328 § 6, A.L. 1993 S.B. 253, A.L. 1998 S.B. 910, A.L. 2009 S.B. 141)